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STATE v. ROBERTS

No. S-00-325.

623 N.W.2d 298 (2001)

261 Neb. 403

STATE of Nebraska, Appellee, v. John M.C. ROBERTS, Appellant.

Supreme Court of Nebraska.

March 16, 2001.

Attorney(s) appearing for the Case

Arthur C. Toogood, Adams County Public Defender, for appellant.

Don Stenberg, Attorney General, and Susan J. Gustafson, for appellee.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

HENDRY, Chief Justice.

INTRODUCTION

John M.C. Roberts was found guilty of possession of a controlled substance, a Class IV felony, and sentenced to 1 year's imprisonment in the county jail. Roberts appealed to the Nebraska Court of Appeals, which summarily affirmed the decision without opinion on August 31, 2000. Roberts then petitioned for further review, which this court granted.

FACTUAL BACKGROUND

At approximately 4 a.m. on April 9,...

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